Our reference: FOI 24/25-0413
GPO Box 700
Canberra ACT 2601
1800 800 110
13 February 2025
ndis.gov.au
Clementine Saber
Right to Know
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Clementine Saber
Freedom of Information request — Notification of Decision
Thank you for your correspondence of 30 September 2024, in which you requested access
to documents held by the National Disability Insurance Agency (NDIA), under the
Freedom
of Information Act 1982 (FOI Act).
The purpose of this letter is to provide you with a decision on your request.
Scope of your request
You have requested access to the following documents:
“…Specifically, I'm seeking access to these documents from the list of the TAB's
research documents (as mentioned on the NDIS disclosure log ~ FOI reference number
23/24-1189):
– Early intervention for agoraphobia, anxiety or schizoaffective disorder
– Eating Disorder Program (Exercise Physiology, Bulimia and Anorexia Nervosa)
– Treatment of Somatic Symptom Disorder
– Paediatric Autoimmune Neuropsychiatric Disorders Associated with Streptococcal
infections
– Childhood speech apraxia
– Cystic Fibrosis in Children
– Arthogryposis Multiplex Congenita
– Duchenne Muscular Dystrophy
– Russell Silver Syndrome
– Antley-Bixler Syndrome & Persistent Depressive Disorder
– Down Syndrome and Sleep Apnoea
– Delayed sleep phase disorder
– Persistant Postural Perception Disorder
– New daily persistent headache
– Therapy to manage dementia
– Epilepsy and seizure monitoring - take 2
1
– Corticobasal syndrome
– Lupus Treatments
– Lyme Disease
– Multiple chemical sensitivity
– Congestive Heart Failure
– Evidence Based Treatments for Osteoporosis
– Evidence Based Treatments for Degenerative Lumbar Disc Disease
– Evidence Based Treatments for Deep Vein Thrombosis / Pulmonary Embolism
– Evidence Based Treatments for Bursitis
– Obesity
– Weight Management Interventions
– Correlation between weight loss and pain, and contraindications of bariatric surgery
– Definition early intervention...”
Disclosure log
A copy of the following documents have been previously released via the freedom of
information disclosure log and have therefore been provided to you as an administrative
release.
-
Early intervention for agoraphobia, anxiety or schizoaffective disorder
-
Childhood speech apraxia
-
Delayed sleep phase disorder
-
Epilepsy and seizure monitoring - take 2
-
Multiple chemical sensitivity
-
Evidence Based Treatments for Osteoporosis
-
Evidence Based Treatments for Degenerative Lumbar Disc Disease
-
Evidence Based Treatments for Deep Vein Thrombosis / Pulmonary Embolism
-
Evidence Based Treatments for Bursitis
-
Weight Management Interventions
-
Definition early intervention
Decision on access to documents
I am authorised to make decisions under section 23(1) of the FOI Act. My decision on your
request and the reasons for my decision are set out below.
I have identified 18 documents, which fall within the scope of your request.
The documents were identified by conducting searches of NDIA’s systems, using all
reasonable search terms that could return documents relevant to your request, and
consulting with relevant NDIA staff who could be expected to be able to identify documents
within the scope of the request.
I have decided to grant access to 18 documents in part.
In reaching my decision, I took the following into account:
• your correspondence outlining the scope of your request
• the nature and content of the documents falling within the scope of your request
2
• the FOI Act
• the FOI Guidelines published under section 93A of the FOI Act
• consultation with relevant NDIA staff
• factors relevant to my assessment of whether or not disclosure would be in the public
interest
• the NDIA’s operating environment and functions.
Access to edited copies with exempt or irrelevant material deleted (section 22)
I have decided that Document 6 and 12 contains material that is exempt from disclosure
under the FOI Act.
I have also identified that all 18 Documents contain material that is irrelevant to your request.
The irrelevant material relates to names and contact details of NDIA staff.
In accordance with section 22 of the FOI Act, I have considered whether it is possible to
delete the exempt and irrelevant material from the documents and have concluded that it is
reasonably practicable to do so. Accordingly, I have prepared an edited copy of the
documents with the exempt and irrelevant material removed.
Reasons for decision
Personal privacy (section 47F)
Section 47F of the FOI Act conditionally exempts a document if its disclosure would involve
the unreasonable disclosure of personal information about any person (including a deceased
person).
I have identified material in the documents falling within scope of your request which
contains personal information of a third party / third parties.
Under section 47F(2) of the FOI Act, in determining whether the disclosure of documents
would involve unreasonable disclosure of personal information, regard must be had to:
a. the extent to which the information is well known;
b. whether the person to whom the information relates is known to be (or to have been)
associated with the matters dealt with in the document;
c. the availability of the information from publicly accessible sources; and
d. any other matters that the agency considers relevant.
Against these criteria, I take the view that:
a. it is apparent from the information that an individual is identifiable; and
b. the information referred to above is not readily available from publicly accessible
sources.
With reference to the assessment above, it would be unreasonable to disclose publicly this
personal information and is therefore conditionally exempt under section 47F(1) of the FOI
Act.
Public interest considerations – section 47F
Section 11A(5) of the FOI Act provides that access to a document covered by a conditional
exemption must be provided unless disclosure would be contrary to the public interest.
I have not considered any of the irrelevant factors as set out under section 11B(4) of the FOI
Act in making this decision.
In favour of disclosure, I have considered the factors outlined in section 11B(3) of the FOI
Act, and I have determined that disclosure of the relevant information in Documents 6 and
3
12 would promote the objects of the FOI Act by providing access to documents held by the
government.
Against disclosure, I consider that disclosure of the relevant information in Documents 6 and
12:
• would not contribute to the publication of information of sufficient public interest to justify
the likely harm caused by release
• would not enhance Australia’s representative democracy in the ways described in
section 11B(3) of the FOI Act
• would not inform any debate on a matter of public importance, or promote oversight of
public expenditure.
While there is limited public interest in the disclosure of information conditionally exempt
under section 47F of the FOI Act, the harm that would result from disclosure is that it could
reasonably be expected to:
• affect an individual’s right to privacy by having their personal information in the public
domain
In summary, I am satisfied that the factors against disclosure of the information outweigh the
factors in favour of disclosure and that, on balance, it would be contrary to the public interest
to release this information to you. Accordingly, I have decided that the relevant information in
Documents 6 and 12 is exempt under section 47F of the FOI Act.
Release of documents
The documents for release, as referred to in the Schedule of Documents at
Attachment A,
are enclosed.
Rights of review
Your rights to seek a review of my decision, or lodge a complaint, are set out at
Attachment B.
Should you have any enquiries concerning this matter, please do not hesitate to contact me
by email
at xxx@xxxx.xxx.xx. Yours sincerely
Cooper (CHH674) Senior Freedom of Information Officer
Complaints Management & FOI Branch
General Counsel Division
4
Attachment A
Schedule of Documents for FOI 24/25-0413
Document
Page
Description
Access Decision
Comments
number
number
RES 126 Antley-Bixler Syndrome & Persistent
PARTIAL ACCESS
Irrelevant material removed
1
1-7
Depressive Disorder
Exemption(s) claimed:
under section 22 of the FOI Act
S22 – Irrelevant Material
Date: 01 October 2020
RES 128 Congestive Heart Failure Treatment
PARTIAL ACCESS
Irrelevant material removed
2
8-17
Options
Exemption(s) claimed:
under section 22 of the FOI Act
S22 – Irrelevant Material
Date: 02 October 2020
RES 139 Arthogryposis Multiplex Congenita
PARTIAL ACCESS
Irrelevant material removed
3
18-21
Exemption(s) claimed:
under section 22 of the FOI Act
Date: 12 November 2020
S22 – Irrelevant Material
RES 174 Treatment of Somatic Symptom
PARTIAL ACCESS
Irrelevant material removed
4
22-29
Disorder
Exemption(s) claimed:
under section 22 of the FOI Act
S22 – Irrelevant Material
Date: 01 March 2021
RES 208 Correlation between weight loss and
PARTIAL ACCESS
Irrelevant material removed
5
30-38
pain
Exemption(s) claimed:
under section 22 of the FOI Act
S22 – Irrelevant Material
Date: 22 July 2021
RES 211 Therapy Programs for Lupus
PARTIAL ACCESS
Irrelevant material removed
6
39-45
Exemption(s) claimed:
under section 22 of the FOI Act
Date: 30 July 2021
S22 – Irrelevant Material
S47F – Personal Privacy
Third party names removed
under section 47f of the FOI Act
5
Document
Page
Description
Access Decision
Comments
number
number
RES 249 New daily persistent headache v1.0
PARTIAL ACCESS
Irrelevant material removed
7
46-50
Exemption(s) claimed:
under section 22 of the FOI Act
Date: 23 June 2022
S22 – Irrelevant Material
RES 252 Corticobasal syndrome
PARTIAL ACCESS
Irrelevant material removed
8
51-56
Exemption(s) claimed:
under section 22 of the FOI Act
Date: 06 July 2022
S22 – Irrelevant Material
RES 268 Dementia supports
PARTIAL ACCESS
Irrelevant material removed
9
57-65
Exemption(s) claimed:
under section 22 of the FOI Act
Date: 01 September 2020
S22 – Irrelevant Material
RES AAT Paediatric Autoimmune
PARTIAL ACCESS
Irrelevant material removed
10
66-74
Neuropsychiatric Disorders Associated with
Exemption(s) claimed:
under section 22 of the FOI Act
Streptococcal infections 2020 0120
S22 – Irrelevant Material
Date: 15 September 2020
RES AAT Russell Silver Syndrome 2020 0119
PARTIAL ACCESS
Irrelevant material removed
11
75-81
Exemption(s) claimed:
under section 22 of the FOI Act
Date: 07 September 2020
S22 – Irrelevant Material
RES ACC AAT Persistent Postural Perception
PARTIAL ACCESS
Irrelevant material removed
12
82-91
Dizziness 2020 0118
Exemption(s) claimed:
under section 22 of the FOI Act
S22 – Irrelevant Material
Date: 07 September 2020
S47F – Personal Privacy
Third party names removed
under section 47f of the FOI Act
RES ACC Lyme Disease 2020 0095
PARTIAL ACCESS
Irrelevant material removed
13
92-100
Exemption(s) claimed:
under section 22 of the FOI Act
Date: 24 June 2020
S22 – Irrelevant Material
6
Document
Page
Description
Access Decision
Comments
number
number
RES AT Down syndrome CPAP Sleep Apnoea
PARTIAL ACCESS
Irrelevant material removed
14
101-114 2019 0049 ADO283
Exemption(s) claimed:
under section 22 of the FOI Act
S22 – Irrelevant Material
Date: 11 October 2019
RES HWB Efficacy of an Eating Disorder
PARTIAL ACCESS
Irrelevant material removed
15
115-121 Exercise Program Development by an Exercise
Exemption(s) claimed:
under section 22 of the FOI Act
Physiologist 2020 0066
S22 – Irrelevant Material
Date: 23 January 2020
RES HWB Research - Cystic Fibrosis in
PARTIAL ACCESS
Irrelevant material removed
16
122-126 Children 2020 0065
Exemption(s) claimed:
under section 22 of the FOI Act
S22 – Irrelevant Material
Date: 03 February 2020
Research - Syndromic Obesity Final
PARTIAL ACCESS
Irrelevant material removed
17
127-163
Exemption(s) claimed:
under section 22 of the FOI Act
Date: 01 December 2019
S22 – Irrelevant Material
Research Request - Duchenne Muscular
PARTIAL ACCESS
Irrelevant material removed
18
164-165 Dystrophy
Exemption(s) claimed:
under section 22 of the FOI Act
S22 – Irrelevant Material
Date: 31 October 2019
7
Attachment B
Your review rights
As this matter was a deemed refusal, internal review of this decision is not an option.
However, if you have concern with any aspect of this decision, please contact the NDIA FOI
team by email xxx@xxxx.xxx.xx or by post:
Freedom of Information Section
Complaints Management & FOI Branch
General Counsel Division
National Disability Insurance Agency
GPO Box 700
CANBERRA ACT 2601
Review by the Office of the Australian Information Commissioner
The FOI Act gives you the right to apply to the Office of the Australian Information
Commissioner (OAIC) to seek a review of this decision.
If you wish to have the decision reviewed by the OAIC, you may apply for the review, in
writing, or by using the online merits review form available on the OAIC’s website at
www.oaic.gov.au, within 60 days of receipt of this letter.
Applications for review can be lodged with the OAIC in the following ways:
Online:
www.oaic.gov.au
Post:
GPO Box 5218, Sydney NSW 2001
Email:
xxxxxxxxx@xxxx.xxx.xx
Phone:
1300 363 992 (local call charge)
Complaints to the Office of the Australian Information Commissioner or the
Commonwealth Ombudsman
You may complain to either the Commonwealth Ombudsman or the OAIC about actions
taken by the NDIA in relation to your request. The Ombudsman will consult with the OAIC
before investigating a complaint about the handling of an FOI request.
Your complaint to the OAIC can be directed to the contact details identified above. Your
complaint to the Ombudsman can be directed to:
Phone:
1300 362 072 (local call charge)
Email:
xxxxxxxxx@xxxxxxxxx.xxx.xx
Your complaint should be in writing and should set out the grounds on which it is considered
that the actions taken in relation to the request should be investigated.
